Construction Law Hw 2

TEXTBOOK: Engineering and Construction Law and Contracts

For this assignment you will need to complete the following:

DISCUSSION 1: discuss the differences between Civil Law and Common Law Jurisdictions and mention the type of legal system that has jurisdiction where you live (FLORIDA).

DISCUSSION 2: Review the Florida contractor licensing laws and comment on whether other states and territories should copy Florida’s contractor licensing model.  What advantages can a contractor licensing law bring to other states or territories?


Chapter 7:  Questions 3 and 8

3.What are the four different situations that may occur that would allow a contractor to not bear the risk of unforeseen subsurface conditions?

8. In the case Hoida, Inc. v. M&I Midstate Bank, what did the court rule in regard to the sub-contractors claim that a lender had a duty to shield them from the contractor’s misconduct?

Chapter 8:  Questions 3 and 6

3. In the case Duncan v. Missouri Board for Architects the statutory provisions made it clear that Missouri has established a stringent set of requirements for professional engineers practicing in the state. What requirements were established for public policy of the state for the protection of the public?

6. What are some of the factors that may provide statutory exemption for some projects from needing a licensed architect to design and stamp the drawings?

Chapter 9:  Questions 4, 5, and 10

4. According to the EJCDC Document E-500 , exhibit A, how many optional additional services that require the owner’s written authorization and how many required additional services not rquiring owner;s written authorizations are listed?

5. What are the three parts of article 44 of the AIA Document B101-2007 that is entitled “Additional Services?”

10. What are the two types of provisions for termination of a design contract?


Chapter 10:  Questions 2, 7, and 9


2. What are the two models of cost predictions a design professional can use and how do they differ?


7, In the case of Board of Education of the Hudson School District v. Sargent, Webster, Crenshaw & Folley, what was the primary reason the court ruled the architect breached their contract?


9. How does the Engineers Joint Contracts Documents Committee (EJCDC) Document E-500 (2008) address the owner’s use of documents generated by the design professional?


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